# In the matter of Rattanindia Finance Private Limited Transfer Petition NO. 12(PB) 2921

> NCLT judgment dated 2021-08-12. Citation: TCN-2021-NCLT-01350. This is a transfer petition regarding the transfer of Company Petition (CP-92(ND)2021) filed by…

- **Court:** NCLT
- **Order date:** 12 Aug 2021
- **Citation:** TCN-2021-NCLT-01350
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rattanindia-finance-private-limited-transfer-petition-no-12pb-2921-6d08cef6

## Summary

### Background

This is a transfer petition regarding the transfer of Company Petition (CP-92(ND)2021) filed by The Hamlin Trust & Ors. against Rattan India Finance Private Limited & Ors. The applicant sought the transfer of CP-92/2021 from Bench-IV to Bench-III of the NCLT, Delhi. Another company petition, CP-76(ND)/2021, filed by LSF 10 Rose Investments S.a.r.l against Rattan India Finance Private Limited & Others, is already pending before Bench-III.

## Facts

The Hamlin Trust & Ors. filed Company Petition CP-92(ND)2021 against Rattan India Finance Private Limited & Ors. This petition was initially listed before Bench-VI of the NCLT, Delhi. The applicant sought to transfer CP-92/2021 from Bench-IV to Bench-III of the NCLT, Delhi. LSF 10 Rose Investments S.a.r.l had already filed Company Petition CP-76(ND)/2021 against Rattan India Finance Private Limited & Others, which was pending before Bench-III. Both petitions were filed under Sections 241-242 of the Companies Act, 2013, concerning oppression and mismanagement. The applicant argued that hearing both petitions before the same bench would ensure effective adjudication of the issues.

## Issues and analysis

### Issue 1: Whether the transfer of Company Petition CP-92/2021 from Bench-IV to Bench-III of the NCLT, Delhi, …

**Ratio:** The NCLT has the authority to transfer cases between benches to ensure efficient and

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**Reasoning:** The court reasoned that transferring CP-92/2021 to Bench-III, where CP-76/2021 was

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**Interpretation:** The interpretation is that the NCLT has the discretion to transfer cases to

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**Application:** The court applied this principle to the specific facts by directing the

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## Parties

- **Judges:** SH. BHASKARA…
- **Appellants:** The Hamlin Trust…
- **Respondents:** Rattan India…

## Timeline

- **2021-08-12 — Order Del…**: Order delivered on the…

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